Defamation Procedures: Perceived Abuses

Lord Evans of Temple Guiting: asked Her Majesty's Government:
	Whether they still intend to consult on perceived abuses of defamation procedures.

Lord Irvine of Lairg: I have today written to the Law Commission asking it to undertake a scoping study to consider whether there are any problems arising from the use of intimidatory tactics, such as gagging writs and gagging letters. A copy of the terms of reference for this work has been placed in the Libraries of both Houses. The Law Commission will produce a short paper by the end of March 2002. It will also undertake some preliminary work with a view to a possible further scoping study on defamation and other issues arising from publication on the internet.
	Concerns over gagging writs were originally raised during the passage of the Defamation Act 1996.
	The Government subsequently announced that they intended to consult publicly on the perceived abuses of defamation procedures. We have since reconsidered the scope of the project, in the light of the rapidly developing case law in the field, to ensure that it deals aptly with all relevant areas of concern, including those raised by advances in electronic communication.

Northern Ireland Court Service and Northern Ireland Executive Committee: Concordat

Lord Evans of Watford: asked Her Majesty's Government:
	When they intend to publish the bilateral concordat between the Northern Ireland Court Service and the Northern Ireland devolved administration.

Lord Irvine of Lairg: I am pleased to announce that the First Minister, Deputy First Minister and I have agreed the text of the concordat between the Northern Ireland Court Service and the Northern Ireland Executive Committee. Copies of the concordat have been placed in the Libraries of both Houses and the text will be available on the Northern Ireland Court Service website.
	I hope that the concordat will assist in the continued development of the fruitful and co-operative working relationship between the Northern Ireland Court Service and the Northern Ireland devolved administration.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Whether they consider that meetings of the Northern Ireland Human Rights Commission should be open to the public; and, if not, why not; and
	What is the policy concerning the publication of minutes of the Northern Ireland Human Rights Commission on their website; and, in particular, how soon after a meeting they are published.

Lord Williams of Mostyn: The Cabinet Office guide on non-departmental public bodies states that "NDPBs should hold Annual Open Meetings, where practicable and appropriate. They should also hold other meetings in public where it is felt that these would be a useful means of consultation or would help the public to have a greater understanding of the work of the body".
	The guide advises that the summary reports of meetings should be easily obtainable. However, it goes on to state that, "where the nature of the business is sensitive, commercial or political, an open meeting is not appropriate".
	Determining the extent to which its discussions could be deemed sensitive, commercial or political is a matter for the Northern Ireland Human Rights Commission.
	We understand that the commission does not hold open meetings but instead publishes the minutes of those meetings on its website. The commission's policy is to put out the minutes as soon as they are cleared for publication.
	The question has been referred to the Chief Commissioner of the Northern Ireland Human Rights Commission in case he wishes to expand on the commission's policy in these matters. He will respond to the noble Lord direct and a copy will be placed in the Library.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 26 November (WA 18) about the Northern Ireland Human Rights Commission, whether they will publish the business plan submitted; whether they have sought, and received, any interim reports on the spending of the extra £357,200; and whether they intend to make, or have made, other additional funds available.

Lord Williams of Mostyn: For the current financial year (2001–02), the Northern Ireland Human Rights Commission has been granted a total of £1,296,142, consisting of:
	£750,000 Annual Budget
	£357,200 To support the consultation on the scope for a Bill or Rights for NI.
	£65,000 Costs in bringing cases to the House of Lords (repayable if the cases are successful).
	£5,350 Costs of the additional commissioners appointed in December.
	£100,592 Following an in-year bid to cover the commission's wider range of work.
	£18,000 Awarded following a supplementary bid for extra resources.
	A further £25,000 has been made available to fund an independent review of the commission, subject to certain conditions.
	It is not government practice to publish bids for funding or the supporting business case.
	Des Browne MP, Parliamentary Under-Secretary of State at the Northern Ireland Office, has written to the commission asking for an analysis of the effectiveness of the Bill of Rights consultation, for which the earlier grant of £357,200 has been made. We expect a response in due course.
	In addition, the annual financial statement of accounts from the commission will be examined by the Comptroller and Auditor General and laid before Parliament.

Taliban and Al'Qaeda Detainees

Earl Attlee: asked Her Majesty's Government:
	Whether Taliban and Al'Qaeda militants captured in Afghanistan and detained by forces of the United States are entitled to be treated as prisoners of war under the Geneva Conventions; if not, why not; and what is their status.

Baroness Amos: I refer the noble Lord to the answer I gave him in the House on 24 January (Official Report, col. 1572–73).

Taliban and Al'Qaeda Detainees

Earl Attlee: asked Her Majesty's Government:
	Whether the International Committee of the Red Cross has all the access it desires to Taliban and Al'Qaeda militants captured in Afghanistan and detained by forces of the United States.

Baroness Amos: As at 22 January, International Committee of the Red Cross (ICRC) delegates had obtained access to all (more than 4,800) detainees in approximately 40 places of detention throughout Afghanistan. On 18 January, ICRC delegates began visiting detainees held at the US naval station at Guantanamo Bay, Cuba, and have since established an indefinite presence there.

Zimbabwe

The Earl of Caithness: asked Her Majesty's Government:
	Whether they consider that international observers should have been present in Zimbabwe for the registration process for the forthcoming election.

Baroness Amos: Ideally, independent observers should be present for as much as possible of the campaign prior to the election, as well as for the voting and counting afterwards. We have been working hard to ensure access for independent observer teams. On 28 January, EU Ministers agreed to impose targeted sanctions against the Government of Zimbabwe, which will be activated if: it prevents deployment of an EU observation mission starting by 3 February; it prevents any such mission from operating effectively; it prevents the international media from having free access to cover the election; there is a serious deterioration in the situation on the ground; the election is assessed by the EU as not being free and fair.

Abnormal Loads: Escorts

Viscount Simon: asked Her Majesty's Government:
	What are the obstacles that prevent the privatisation of escorting abnormal loads on motorway and link dual carriageways.

Lord Rooker: As part of the process of reform exemplified in the Police Reform Bill, we are looking to remove unnecessary functions from the police wherever possible. The Bill's provisions for the exercise of certain police powers by civilians will help this process.
	The escorting of abnormal loads is one of the functions that we will be addressing. We will in particular want to ensure that the elimination of routine police involvement is achieved in an acceptable way that does not endanger public safety. We will ensure therefore that any police powers that might need to be used are appropriate for use by civilians. We will take account also of the need for escorts to have appropriate training and experience, the confidence of hauliers who use their services and appropriate recognition by other road users. However, no decision has been made as to whether private service providers would be suitable to contribute to this activity.
	I know that the Association of Chief Police Officers (ACPO) already wishes to reduce police involvement in this task. We look forward to working with it to achieve that goal, while ensuring that any obstacles there might be are effectively addressed.

Asylum Seekers: Accommodation Centres

Lord Greaves: asked Her Majesty's Government:
	Which sites they are considering for use as accommodation centres for asylum seekers.

Lord Rooker: We have identified eight sites as potential accommodation centre locations. These are:
	QinetiQ (formerly DERA) Pershore, Wychavon, Worcestershire
	RAF Hemswell, West Lindsey, Lincolnshire
	Sully Hospital, Cardiff
	Hooton Park, Ellesmere Port, Cheshire
	MoD land, Bicester, Oxfordshire
	Air West Edinburgh (formerly RAF Turnhouse), Edinburgh
	RAF Newton, West Bridgeford, Nottinghamshire
	National Energy site, Killinghome, Grimsby
	Site searching is continuing and the Home Office intends to invite suppliers to compete for the business of building or refurbishing the centres and for running them. Responses may be in respect of the identified sites or with ready-made solutions, involving sites of which we are not currently aware. It is therefore possible that further suitable sites may emerge.
	The trial accommodation centres will have a total capacity of approximately 3,000 places. Therefore, in due course, around four of the most suitable sites will be selected for development as accommodation centres.

Asylum Seekers: Bilateral Discussions between UK and France

Lord Hylton: asked Her Majesty's Government:
	What were the outcomes of the recent meeting between the Home Secretary and Madame Guigou, the French Employment Minister; whether they discussed the eight accidental deaths in the past 13 months among asylum seekers illegally travelling in the Channel Tunnel; and whether they considered the possibility of joint screening of potential refugees, while they are still in France.

Lord Rooker: My right honourable friend the Home Secretary's meeting with Mme Guigou on 21 January was extremely constructive and built on the close relationship which has developed on immigration matters between the United Kingdom and French Governments. Amongst the issues discussed was the situation at Sangatte. My right honourable friend made it clear that we were prepared to consider innovative approaches including possible joint initiatives. Bilateral discussions will continue, including at official level.
	My right honourable friend the Home Secretary and Mme Guigou did not discuss the accidental deaths of several potential asylum seekers. Any death in such tragic circumstances is regrettable. However, we do not believe that there is any need for people to take such risks to reach the United Kingdom when, if they are in need of protection, they can apply for asylum in France.

International Covenant on the Elimination of all Forms of Racial Discrimination

Lord Lester of Herne Hill: asked Her Majesty's Government:
	When they intend to ratify the Optional Protocol to the United Nations Convention on the Elimination of all forms of Racial Discrimination.

Lord Rooker: There are no optional protocols under the International Convention on the Elimination of all forms of Racial Discrimination (ICERD). The Government plan to review the United Kingdom's international human rights instruments once the Human Rights Act has bedded down. This review will include the question whether the United Kingdom should make a declaration under Article 14 of ICERD recognising the competence of the Committee for the Elimination of Racial Discrimination to receive individual petitions.

Firearms Consultative Committee

Lord Hoyle: asked Her Majesty's Government:
	Whether they will extend the life of the Firearms Consultative Committee.

Lord Rooker: The life of the Firearms Consultative Committee will be extended for a further period of two years from 1 February 2002.

Terrorism Act 2000

Lord Hoyle: asked Her Majesty's Government:
	Whether they will lay before Parliament a report on the working of the Terrorism Act 2000.

Lord Rooker: My right honourable friend the Home Secretary is pleased to say that Lord Carlile of Berriew QC has completed the report on Part VII of the Act, which relates solely to Northern Ireland, which will be laid before Parliament today. A full report will be published later this year.

Prison Service: Publication of Corporate and Business Plans

Lord Harris of Haringey: asked Her Majesty's Government:
	Whether they will publish the Prison Service's corporate plan for 2002–03 to 2004–05 and business plan key performance indicators for 2002–03.

Lord Rooker: The Prison Service corporate plan for 2002–03 to 2004–05 and business plan for 2002–03, which includes the key performance indicators agreed so far, has been published today and copies have been placed in the Library.

Public Appointments: Members of the House of Lords

Lord Graham of Edmonton: asked Her Majesty's Government:
	Whether they will list, by department, those Members of the House of Lords who hold an appointment on a quango or similar body, together with the remuneration attached to such appointments.

Lord Macdonald of Tradeston: The Register of Lords' Interests, established in November 1995, is published annually. In addition, information on people who hold public appointments is available in the Public Appointments Directory on the Cabinet Office website at www.quango.gov.uk. Information on public bodies, their chairs and their remuneration, if any, and that of members is available in Public Bodies 2000 (ISBN 0 11 4301 73 5), an annual publication, provided by the Cabinet Office and published by The Stationery Office. The next edition, Public Bodies 2001, will be published shortly.

Aircraft: Minimum Space Standards

Lord Morris of Manchester: asked Her Majesty's Government:
	What monitoring takes place of the seating space allowed for passengers in aircraft using British airports; what minimum standards apply to the space airlines must allow between rows; where responsibility lies for ensuring acceptable minimum standards; and whether they have any proposals for reviewing or making mandatory such standards.

Lord Falconer of Thoroton: Civil Aviation Authority (CAA) regulations require UK-registered aircraft to have a minimum distance of 26 inches between the back support cushion of a seat and the back of the seat or other fixed structure in front. The CAA achieves oversight of the continued adherence to the requirements by a variety of inspection and audit procedures. A recent study, aimed principally at harmonising European standards in this area, found that in view of the increased height and weight of the population, there should be an increase in seat spacing. The joint aviation authorities are considering its recommendations.

Crossrail

Lord Bowness: asked Her Majesty's Government:
	Whether they have decided to seek parliamentary approval for the cross-rail project.

Lord Falconer of Thoroton: A final decision has yet to be taken on the most appropriate method for securing powers for any Crossrail scheme.

Bull Bars

Lord Bradshaw: asked Her Majesty's Government:
	Further to the Written Answer by Mr Jamieson on 9 January (HC Deb, 847W–848W), what utility benefits accrue to the driver of a vehicle in fitting, or buying a vehicle fitted with, bull bars; and whether those benefits outweigh the accident savings to pedestrians and cyclists from removing bull bars.

Lord Falconer of Thoroton: The Government have not set out any benefits associated with vehicles being equipped with bull bars, though some owners clearly see a certain utility value otherwise they would not fit them in the first place. When options for possible national action on bull bars were examined in 1997, it was estimated that the cost to the owner of removing a bull bar would include £75 related to assumptions linked to loss of utility. In arriving at this figure no attempt was made to identify or value lost benefits. Some owners would obviously not bother with a replacement, but others might be willing to pay for a new "approved" replacement bull bar. An assumption was made that on average owners would replace their existing bull bar with a new pedestrian friendly one if the cost to them was £75.

Bed and Breakfast Unit

Baroness Hanham: asked Her Majesty's Government:
	What powers and responsibilities will be vested in the new Bed and Breakfast Unit being established with the Department for Transport, Local Government and the Regions.

Lord Falconer of Thoroton: The Bed and Breakfast Unit (BBU) has been fully operational since 1 October 2001. It is currently attached to the Government Office for London but will shortly move to the Department for Transport, Local Government and the Regions as part of the new Homelessness Directorate. The new directorate will bring together and reinvigorate work on addressing homelessness. The BBU has a clear remit to reduce local authority use of bed and breakfast accommodation over the next two years.

Bus Travel in London

Baroness Hanham: asked Her Majesty's Government:
	How many people travelled by bus in London in each of the years 1997, 1998, 1999, 2000 and 2001.

Lord Falconer of Thoroton: The department collects information on the number of local bus passenger journeys in London by financial year. The latest figures are set out below:
	
		Local bus passenger journeys in London* 
		
			 Year Million 
			 1997–98 1,294 
			 1998–99 1,279 
			 1999–2000 1,307 
			 2000–01 1,359 
		
	
	* includes a small number of journeys on services not under contract to Transport for London.
	:Source:
	Transport for London and DTLR annual survey of bus and coach operators.

Buttington: Repairs to Road Bridge

Lord Carlile of Berriew: asked Her Majesty's Government:
	Whether they will require Railtrack to complete within a very short time the repairs to the railway line and bridge at Buttington near Welshpool, so as to restore two-way traffic on the affected trunk road.

Lord Falconer of Thoroton: I understand that the level crossing and track are not in need of repair but the road bridge across the River Severn requires strengthening to accommodate heavier vehicles. This is a matter for the Highway Authority, not Railtrack.

Structure Plans

Baroness Scott of Needham Market: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Falconer of Thoroton on 18 January (WA 182–183), which were the 21 counties that took five years or more to adopt revised structure plans; and which of these left an insufficient interval for their district councils to prepare the necessary plans for their areas.

Lord Falconer of Thoroton: The 21 counties which took five years or more to adopt a revised plan following the last round of regional planning guidance reviews are detailed below. Any protracted period of preparation would have either correspondingly delayed the respective district authorities from advancing their local plans to adoption or meant adoption of plans not in general conformity with the structure plan. Information on the impact of the delay to each individual district is not available centrally.
	
		
			 Counties 
			 Bournemouth, Dorset and Poole Norfolk 
			 Cumbria North Yorkshire 
			 Derbyshire Northamptonshire 
			 Durham Shropshire 
			 East Sussex Somerset & Exmoor National Park 
			 Essex Staffordshire/Stoke on Trent 
			 Former Avon Area Warwickshire 
			 Gloucestershire West Sussex 
			 Hampshire Wiltshire 
			 Leicestershire Worcestershire 
			 Lincolnshire

Care Homes: National Minimum Standards

Baroness Golding: asked Her Majesty's Government:
	What steps they are taking to support and inform care home owners during the introduction of national minimum standards.

Lord Hunt of Kings Heath: We have today launched a package of measures to help the smooth introduction of the national minimum standards. This comprises:
	(i) Comprehensive statutory guidance from Ministers under Section 6 of the Care Standards Act to the National Care Standards Commission (NCSC) setting out the supportive way in which the standards should be applied. The guidance indicates that the standards should be used to help guide care homes on action they can take to improve their services. Time will be given to enable homes to meet the standards. Failure to meet standards will only be used as a reason to pursue de-registration in cases where services are a danger to vulnerable people.
	(ii) An information pack will be distributed to all registered care providers during February explaining how the national minimum standards and regulations will be operated and how the NCSC will work.
	(iii) A help line will be set up by the NCSC next month to answer questions from owners and managers of care homes about how the national minium standards might apply in their service.
	The NCSC has been set up to encourage the provision of good quality care in care homes, not to close them down. This package is designed to help the NCSC to achieve that.

State Pension Age: Women

Baroness Greengross: asked Her Majesty's Government:
	What plans they have to inform women aged 52 and under that their state pension retirement age will rise from age 60 to age 65 between 2010 and 2020.

Baroness Hollis of Heigham: Changes to the state pension age for women affect all women born after 5 April 1950, and the Government are committed to informing women about the changes.
	The changes continue to be publicised as part of the Department for Work and Pensions' marketing campaign on pensions education for people of working age. Information is also included in relevant pensions leaflets (including a specific leaflet on pensions for women) and on the department's website. The website also features an interactive calculator where women can type in their date of birth to find out their state pension age and the date they will reach that. The department's state pension forecast letters and the accompanying leaflet also show the recipient's state pension age and explain who is affected by the changes to the state pension age for women.

Special Operations Executive: Release of Records

Lord Evans of Temple Guiting: asked Her Majesty's Government:
	When they plan to release more records of the wartime Special Operations Executive.

Baroness Symons of Vernham Dean: The records of the Special Operations Executive (SOE) have been released progressively since 1993. The next batch of records, covering the General and Headquarters (including America) files, has been transferred to the Public Record Office, and will be opened on 8 February 2002. The last batch of SOE records (the personal files) should be transferred around the end of 2002.

Special Operations Executive: Release of Records

Lord Evans of Temple Guiting: asked Her Majesty's Government:
	What continuing role there will be for the Special Operations Executive (SOE) Adviser on the transfer of the remaining SOE files to the Public Record Office.

Baroness Symons of Vernham Dean: The processes involved in the final stages of preparing the SOE personal files for release to the PRO mean that it is no longer practicable for the SOE Adviser to deal satisfactorily with inquiries relating to those files. There being no further series of files for review and release, the SOE Adviser will cease to have a function. From 15 February 2002, therefore, no further inquiries will be accepted by his office, which itself will close on 31 March 2002. With the transfer of the remaining personal files at the end of the year, public inquiries for access should be directed to the PRO.

Office of Communications: Ombudsman Scheme

Baroness Anelay of St Johns: asked Her Majesty's Government:
	Whether the Ombudsman scheme which will be brought under the Office of Communications (Ofcom) will deal with contractual and billing disputes as well as content issues in order to reduce overlap and avoid confusion about the reponsibilities of different bodies.

Lord Sainsbury of Turville: We will be giving the details requested by the noble Baroness in the draft communications Bill, which we hope to publish in the spring.

Human Rights

Lord Hylton: asked Her Majesty's Government:
	Whether they will urge all governments with whom they have relations to preserve freedom of expression which does not advocate violence, the primacy of civilian criminal courts over military ones, and due process in preference to any short-term expedients to counter terrorism.

Baroness Scotland of Asthal: Freedom of expression is a fundamental human right. The Government take every opportunity, often working with our EU partners, to urge states to pursue laws and practices which foster freedom of expression. HMG regulary raise specific cases, where these rights, including those of journalists, have been breached. Freedom of expression is not absolute. National security is one area where restrictions may be placed on freedom of expression. Whether suspects are tried before civilian or military courts, it is clear that anyone who faces prosecution is entitled to a fair trial in accordance with international norms.

Foot and Mouth: Slaughtered Animals

Baroness Byford: asked Her Majesty's Government:
	What is the total number of animals killed during the foot and mouth disease outbreak, excluding cattle slaughtered in the over thirty months scheme.

Lord Whitty: As at 24 January 2002, some 4 million animals have been slaughtered for disease control purposes during the foot and mouth outbreak. This includes animals slaughtered from infected premises, dangerous contacts premises and slaughter on suspicion premises. This figure has been extracted from DEFRA's disease control system database (DCS) and may be subject to revision as more information becomes available. A quality assurance exercise of the data within DCS is currently being carried out.
	A further two and a half million animals have been slaughtered as a result of eligible applications received under the livestock welfare disposal scheme and the light lambs disposal scheme. These schemes were introduced to deal with those animals whose welfare was threatened by the movement restrictions which had to be imposed as a result of foot and mouth disease and the surplus of lambs which, had an export ban not been in place, would otherwise have been exported.
	Breakdowns of these figures continue to be available on DEFRA's website at www.DEFRA.gov.uk and are updated daily.

Scottish Constituencies: Westminster Elections

Lord Patten: asked Her Majesty's Government:
	By what date they expect to introduce legislation to reduce the number of parliamentary constituencies in Scotland, following the recommendations of the Boundary Commission and the provisions of the Scotland Act 1998.

Lord McIntosh of Haringey: I refer the noble Lord to the Answer I gave on 16 January (Official Report, WA 168) to the noble Lord, Lord Greaves.